STATE v. GREENE

No. 92638.

2009 Ohio 6307

State of Ohio, Plaintiff-Appellee, v. Mark Greene, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: December 3, 2009.


Attorney(s) appearing for the Case

Paul Mancino, Jr., 75 Public Square, Suite 1016, Cleveland, OH 44113-2098, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: A. Steven Dever, Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellee.

BEFORE: Stewart, P.J., Dyke, J., and Celebrezze, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.:

{¶ 1} Defendant-appellant, Mark Greene, appeals from an order denying his motion for a new trial. He premised the motion for a new trial on "newly discovered evidence" involving a codefendant who, among other counts, agreed to plead guilty to attempted murder and testify against Greene. However, the court dismissed the attempted murder count subsequent to Greene's trial, a fact that Greene...

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